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Aaron+

Sep 20, 2016, 11:17 AM

Post #1 of 14 (12372 views)

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US born kids deported with parents to Mexico: legal limbo

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Gotta believe it! The USG and the GOM finally try to overcome gross stupidity and bureaucratic nonsense on the part of both federal governments. Issue: GOM recognition of the Mexican nationality of about 550,000 children born in the USA to one or more Mexican parents, parents deported by the USA before parents thought to or were able to register the birth of their children with a Mexican consulate in the USA.

"Plan aims to save US-born children in Mexico from legal limbo
US-Mexico deal to ease bureaucratic obstacles for 550,000 US-born children
Numbers of binational children swollen by deportations and repatriations" See: https://www.theguardian.com/...reaucratic-obstacles



stevebrtx

Sep 20, 2016, 2:58 PM

Post #2 of 14 (12356 views)

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Re: [Aaron+] US born kids deported with parents to Mexico: legal limbo

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Guess I don't understand, the governments are responsible, not the parents who made illegal choices? - how can that be? Maybe the govs sent the people NOB knowing this would happen, or maybe the parents were deported legally for being in a country illegally.

The one question I always want asked, but never is, what would MX do with illegals in their country? - what if I was there without a passport of visa and was caught, what would happen? - and the US is expected to be different? Sorry, the laws have been on the books for over 40 years and are very clear.

PS: in my 7 years SOB I never even came close to having a problem, I made darn sure I met every requirement and when stopped, a number of times, I was always thanked and sent on my way, seemed to work for me.


rvgringo

Sep 21, 2016, 8:37 AM

Post #3 of 14 (12316 views)

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Re: [stevebrtx] US born kids deported with parents to Mexico: legal limbo

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If you were in Mexico and had children born in Mexico, but you were illegal, you would be eligible for a visa under vincula familiar and would be eligible for naturalization in a couple of years.
The USA chooses to punish the parents AND the US citizen children, regardless of their age; toddlers included. Pure discrimination!


rvgringo

Sep 21, 2016, 8:43 AM

Post #4 of 14 (12316 views)

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Re: [stevebrtx] US born kids deported with parents to Mexico: legal limbo

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I am certain that you really do understand. I will leave your motivations to others to determine.


(This post was edited by rvgringo on Sep 21, 2016, 8:45 AM)


AlanMexicali


Sep 21, 2016, 9:22 AM

Post #5 of 14 (12312 views)

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Re: [rvgringo] US born kids deported with parents to Mexico: legal limbo

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If you were in Mexico and had children born in Mexico, but you were illegal, you would be eligible for a visa under vincula familiar and would be eligible for naturalization in a couple of years.
The USA chooses to punish the parents AND the US citizen children, regardless of their age; toddlers included. Pure discrimination!


A US citizen with foreigner parents need to apply to have them in the US under the visa program and sponsor them financially and usually takes about 5 years of them waiting in their home country for the visa to come through. Then they come in and are processed if everything is OK. No guarantee they will be able to get in. Crminal recorders and health etc. count towards being accepted ... no mentally ill parents etc.


(This post was edited by AlanMexicali on Sep 21, 2016, 9:23 AM)


stevebrtx

Sep 21, 2016, 9:54 AM

Post #6 of 14 (12302 views)

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Re: [rvgringo] US born kids deported with parents to Mexico: legal limbo

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Actually Bob, I do believe the US is simply enforcing laws on the books for decades which is the right and duty of any sovereign nation. Now, if you don't like the laws, get them changed, if not, don't complain and throw out strawmen to obfuscate the facts.

Now, the plain fact is that DC hasn't done much to enforce laws they swore to uphold when they took the oath of office. If they were to actually enforce the laws, as written, the whine from the do-gooder side of the isle would be an ear piercing screech.


rvgringo

Sep 21, 2016, 10:03 AM

Post #7 of 14 (12299 views)

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Re: [stevebrtx] US born kids deported with parents to Mexico: legal limbo

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So, you are in favor of forcibly deporting under-age US citizens; in this case, with no other established citizenship; or, do you favor keeping them in orphanages at public expense after deporting their parents? The law is inhumane & must be changed to a more civilized procedure, like that in effect in Mexico.


arbon

Sep 21, 2016, 2:10 PM

Post #8 of 14 (12281 views)

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Re: [Aaron+] US born kids deported with parents to Mexico: legal limbo

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According to FATCA

What is a US Person for IRS tax purposes?

Born in the United States

http://www.ustaxfs.com/...or-irs-tax-purposes/

PS...We also have many "American Persons" living in Canada, but they don't all know.
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(This post was edited by arbon on Sep 21, 2016, 2:16 PM)


Maesonna

Sep 21, 2016, 2:15 PM

Post #9 of 14 (12280 views)

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Re: [Aaron+] US born kids deported with parents to Mexico: legal limbo

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The children do have Mexican nationality by virtue of having at least one Mexican parent, but if they werenít registered as such at the Mexican consulate when they were born, the parents have a long, cumbersome bureaucratic slog to get it done once they have been returned to Mexico. Easing that particular bureaucratic obstacle is on Mexico.

Here is an article from four years ago about the difficulties faced by US-born child returnees; however it is inaccurate to claim, as the article does, that these children donít have Mexican nationality. The Mexican constitution guarantees Mexican nationality to every child born abroad who has at least one Mexican-born parent who has Mexican nationality (Article 30.A.II). What is true, though, is that they canít do anything that requires nationality without the Ďproperí papers. So the difficulty is proving their nationality in the Mexican bureaucratic system. Until they do, they may not be able to attend public school, register for social security health care, etc.


stevebrtx

Sep 21, 2016, 3:24 PM

Post #10 of 14 (12271 views)

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Re: [rvgringo] US born kids deported with parents to Mexico: legal limbo

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Bob, we're both about the same age. I don't know about you, but I was raised in middle America where we were instilled with a self reliance which included in large measure being personally responsible - for everything we did, and to this day - do. We weren't raised to rely on the Gov, we were raised to support the Gov (which in those days followed the Constitution) nor did we blame the Gov, we lived within the laws and if we were over the line and got caught, well, that's where personal responsibility kicks in, you screw up and you're on your own, man up and take responsibility for your actions.

It may be an ugly truth, but the law is the law and dislike it as you might, that's the way it is, we live by the Rule of Law (or used to until the recent regimes in DC decided to ignore them). So, there's your challenge, you don't like the law, don't break it, change it - it's the American way.


RickS


Sep 21, 2016, 3:30 PM

Post #11 of 14 (12270 views)

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Re: [stevebrtx] US born kids deported with parents to Mexico: legal limbo

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Let's keep this conversation focused on the original Post and not about what our respective governments may or may not do and our opinions with regards to said..... please.


Aaron+

Sep 22, 2016, 8:40 AM

Post #12 of 14 (12241 views)

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Re: [RickS] US born kids deported with parents to Mexico: legal limbo

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Sure. Really do not know understand steve btrx's point, which was besides the point of the original article. It really was not talking about what the Mexican-nationality parents should or should not have done in the US prior to be deported. Was and simply concerned about the situation of the U.S. born children in Mexico who do not have the proper papers. Those of us living here know that without the proper papers, one is dead in the water in Mexico. Hopefully the new agreement between the USG and the GOM will provide the opening for the parents to regularize their kids status in Mexico, so that they can attend school, have access to health services, and more.

Oh, and to arbon, the standards the IRS may or may not apply to consider one a U.S. resident have no necessary connection to the standard(s) emplyed by the Homeland Security, U.S. State Dept., or U.S. state government. Not sure what arbon's point was, since the IRS is not relevant to the original article.


arbon

Sep 22, 2016, 9:00 AM

Post #13 of 14 (12238 views)

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Re: [Aaron+] US born kids deported with parents to Mexico: legal limbo

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Oh, and to arbon, the standards the IRS may or may not apply to consider one a U.S. resident have no necessary connection to the standard(s) emplyed by the Homeland Security, U.S. State Dept., or U.S. state government. Not sure what arbon's point was, since the IRS is not relevant to the original article.


Not about "U.S. residents" it's about children that were born in the U.S. and living in Mexico or else where.
They are deemed to be "American Persons", by FATCA.
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arbon

Sep 22, 2016, 9:21 AM

Post #14 of 14 (12236 views)

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Re: [arbon] US born kids deported with parents to Mexico: legal limbo

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If FATCA can prove a person was born in the U.S. for tax purposes, that could be enough proof to get out of "Legal Limbo".
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